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an employer informs its employees that it will hold a substantial cash prize drawing for each work group at the end of each month in which all members of the work group comply with applicable safety rules, such as wearing required fall protection. doug sustains a lost - time injury when he falls from a platform while not wearing required fall protection. doug’s employer cancelled the cash prize drawing for doug’s work group that month because doug failed to wear required fall protection. the employer actively monitors its workforce for compliance with applicable work rules and cancels the cash prize drawings when it discovers work rule violations regardless of whether the employee who violated the work rule also reported an injury.
did the employer use an incentive program to retaliate against doug?
yes
no
Retaliation would imply the employer used the incentive program as punishment for Doug's injury report. But the employer cancels the prize for work - group non - compliance with safety rules (Doug failed to wear fall protection), and does this regardless of injury reports. So the employer's action is about enforcing safety rules, not retaliating against Doug for his injury.
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